Magistrates' Courts: Enforcement of Fines

Lord Clarke of Hampstead: asked Her Majesty's Government:
	What plans they have with regard to the enforcement of fines imposed by the magistrates' courts.

Lord Falconer of Thoroton: Too many fines are not paid. In the year 2002–03, an unacceptable 45 per cent of fines were not paid. In some areas the level of default was as high as 60 per cent. The authority of the courts must be enforced. We are announcing today a new approach to the collection of fines.
	First, fines will no longer be written off. They will be chased until they are paid, no longer being written off, as they often are, after twelve months.
	Secondly, we will make it easier to deduct the fine directly from the offender's pay or benefits.
	Thirdly, if the offender really cannot pay, we will allow the fine to be paid off by unpaid work in the community.
	Fourthly, where courts have been ineffective in the collection of fines we will allow the private sector to be brought into the collection of fines.
	Fifthly, we will introduce a new offence of failing to provide details of income and expenditure to allow deduction orders to be made.
	Sixthly, we will consider allowing deductions for earlier payment, but we will increase the fines for late payment.
	Seventhly, we will work with the courts to ensure that there are incentives for those individual fine officers who collect fines effectively.
	This seven-point plan will be driven personally by the ministers in DCA. They will intervene personally with any magistrates' courts committees that continue to perform badly.
	Fine enforcement is a priority. The DCA's job is now actively to ensure the courts are effective in fighting crime.
	A report on the annual performance data was placed in the Libraries of both Houses today entitled Fine Enforcement Performance in 2002–03. The report shows that performance overall was poor, with the 42 independent magistrates' courts committees (MCCs) failing to deliver the overall national target of a payment rate of 68 per cent.
	The Government commissioned an independent review, A Review of Magistrates' Courts Enforcement Strategies, which we are also placing in the Libraries of both Houses today.

North/South Ministerial Council: Interim Procedures

Lord Laird: asked Her Majesty's Government:
	Whether the decision of 19 May of the North/South Ministerial Council concerning the future general round pay increases for all staff employed by the Language Implementation Body was taken in line with procedures issued on 5 December 2002 entitled Ministerial Decision Making Interim Procedures.

Lord Williams of Mostyn: As the noble Lord is now aware, the paper was intended to apply only to the Irish Language Agency of the North/South Language Body and action to rectify this will now be taken in accordance with the interim procedures.

North/South Ministerial Council: Interim Procedures

Lord Laird: asked Her Majesty's Government:
	Who is responsible for ensuring that the interim procedures for the North/South Ministerial Council entitled Ministerial Decision Making Interim Procedures dated 5 December 2002 are correctly implemented.

Lord Williams of Mostyn: The interim procedures were drawn up by officials to facilitate decision-making by Ministers under the agreement made between the British and Irish Governments of 19 November 2002. Implementation of the procedures is an administrative matter for officials in the relevant departments.

SARS

Lord Kilclooney: asked Her Majesty's Government:
	In which nations from which there will be athletes for the Special Olympics based in Northern Ireland, there have been cases of severe acute respiratory syndrome; and what precautions are being taken to stop an outbreak of SARS in Northern Ireland.

Lord Williams of Mostyn: Cases of SARS have been reported in four of the countries from which there will be athletes for the Special Olympics based in Northern Ireland, viz the United States, Sweden, Spain and Australia. None of these countries is listed by the World Health Organisation (WHO) as a SARS-affected country requiring restrictions on international travel.
	SARS is a serious public health issue and the approach of the Department of Health Social Services and Public Safety (DHSSPS) Northern Ireland has been to act quickly to strengthen its public health surveillance systems and make sure that the health service is prepared should a case occur in Northern Ireland. The department is represented on the national SARS taskforce, which itself works closely with the WHO. The taskforce agrees all relevant control measures and these are then implemented locally. As early as 14 March the Chief Medical Officer, Dr Henrietta Campbell, contacted all relevant healthcare professionals with detailed information on the symptoms of SARS, and what to do if they encountered a case. Updated guidance based on advice from WHO has been issued at regular intervals since, both to professionals and to people travelling abroad. The department has established a SARS section on its website which is regularly updated. It has also provided and made arrangements for posters to be displayed at appropriate points in airports and seaports. There have been no SARS cases so far in Northern Ireland.
	In conjunction with the Centre for Communicable Disease Control (CDSC) (NI), the department is urgently developing a contingency plan for SARS or other emerging infection. A Northern Ireland taskforce is being established to monitor the situation and to implement the contingency plan.

Teacher Training Qualifications

Lord Laird: asked Her Majesty's Government:
	Further to the Written Answer by the Lord Privy Seal on 15 January (WA 47–48) concerning teacher training qualifications, what progress has been made by the authorities in the Republic of Ireland towards recognising all teacher qualifications from the United Kingdom.

Lord Williams of Mostyn: A further meeting of the joint working group was held on 20 March 2003 and work on a range of issues is still ongoing. The next meeting of the working group is scheduled for September 2003.

Woodwork Classes

Lord Kilclooney: asked Her Majesty's Government:
	What has been the capital investment for the provision of woodwork classes in each of the past 10 years at (a) Ballynahinch and (b) Kircubbin.

Lord Williams of Mostyn: The department does not hold records relating to the period before colleges were incorporated in 1998. Since then £80,000, in 2001–02, has been invested in woodwork at Ballynahinch, for the purchase of a new machine. There has been no such investment at Kircubbin.

Renal Isotope Scanning Facilities

Lord Laird: asked Her Majesty's Government:
	What steps they have taken in the past 12 months to reduce the waiting list for paediatric renal isotope scans in Northern Ireland; whether all possible facilities are currently in use; and, if not, why.

Lord Williams of Mostyn: Extra funding has recently been made available to provide for the operation of all renal isotope scanning facilities in Northern Ireland. This will improve waiting times for children who require this important service.

Crown Prosecution Service: Cases of Sally Clark and Trupti Patel

Baroness Gould of Potternewton: asked Her Majesty's Government:
	What steps are being taken by the Crown Prosecution Service to address issues raised in the judgment of the Court of Appeal in the case of Sally Clark and the acquittal of Trupti Patel.

Lord Goldsmith: The Crown Prosecution Service will only bring a prosecution if there is sufficient admissible evidence to provide a realistic prospect of obtaining a conviction and a prosecution is in the public interest. It will continually review cases to ensure that such tests are met. In the appeal of Sally Clark the Court of Appeal focussed on the non-disclosure of potentially significant evidence by Dr Williams and the use and presentation of statistical data by Professor Meadow.
	The Solicitor-General and I have met the DPP to discuss the implications of the appeal. Since the written reasons of the Court of Appeal were made available in the case of Sally Clark, and following the acquittal of Trupti Patel, the Crown Prosecution Service has undertaken a number of measures. First, interim guidance has been sent to all chief crown prosecutors requesting that all cases be identified in which either Dr Williams or Professor Meadow are witnesses. The defence is then to be served with a copy of the judgment in the Sally Clark case and its attention is drawn to sections of the judgment touching on his evidence. Further and fuller guidance will be provided to prosecutors as soon as possible. This will apply to both present and future cases.
	With respect to previous cases in which Dr Williams has given material evidence, the Crown Prosecution Service is presently considering the implications of the Sally Clark judgment and is in discussion with other relevant agencies, including the police and Home Office. I intend to establish a group comprising these agencies to consider whether any cases resulting in a conviction in which Dr Williams has given important evidence require a more in-depth review.
	The Home Office Pathology Advisory Board will I understand publish new codes of practice and procedure for pathologists, which will take account of the judicial comments on the methodology employed by Dr Williams in the Sally Clark case. Once published, the codes will be distributed to pathologists.
	In its published judgment, the Court of Appeal raised no criticism of the Crown Prosecution Service for its handling of the prosecution of Sally Clark, neither did the judge criticise the CPS for bringing the prosecution in respect of Trupti Patel.

Montserrat: Housing

Lord Morris of Manchester: asked Her Majesty's Government:
	Whether they will review the housing strategy for Montserrat to cater for the 1,600 people still awaiting permanent housing.

Baroness Amos: Very substantial progress has been made with housing on Montserrat since the volcanic crisis. Currently, all except five persons (who are refusing shelter) are housed. DfID has funded over 1,000 dwelling units at a cost of £19.25 million through various schemes, such as direct build, materials grants, sheltered housing, institutional housing and soft mortgages.
	A final phase of DfID assistance for housing those who stayed on Montserrat during the crisis, making a further £10 million available, has been agreed. While there are some on the Government of Montserrat's housing register who want better housing, the priority focus (agreed with the Government) is on improving the housing situation of the most vulnerable and needy.
	The Montserrat Government's current housing register shows about 350 resident households, or approximately 700 people, seeking help with permanent housing in the northern 'safe' zone. The programme of assistance currently in place will reduce this to nil households.

Liberia: Humanitarian Situation

Lord Graham of Edmonton: asked Her Majesty's Government:
	What response they have made to the recent humanitarian crisis in Liberia.

Baroness Amos: The humanitarian situation in Liberia has deteriorated significantly in recent weeks. Increased fighting between government troops and rebel opposition forces came to within 5 kilometres of Monrovia between June 6 and 10. This led to the displacement of 200,000 civilians into Monrovia. There are reports of cholera and measles in Monrovia, and there are already food shortages. UN expatriate staff have been evacuated. Following the ECOWAS-brokered ceasefire on 17 June, it is essential that, as soon as possible, the Liberian parties arrange access to all areas from which humanitarian agencies have been excluded by fighting.
	On 16 June, we allocated £1.5 million for support to humanitarian agencies in Liberia. Of this, £500,000 has been allocated to the ICRC emergency appeal for Liberia. This is in addition to £550,000 which was committed to the same appeal earlier in the year. We have also allocated £374,065 support to Merlin for the provision of emergency health care in Monrovia and other areas. This will supplement £450,000 committed to Medecins Sans Frontieres for secondary health care provision in Monrovia in 2002. We expect to allocate the remaining balance to support other funding requests that strengthen the geographical and sectoral coverage of the relief programme. We are in regular contact with a number of organisations operating to meet humanitarian needs in Liberia, including Oxfam, Save the Children UK, Medecins Sans Frontieres and World Vision. We expect to receive and fund proposals from these organisations in the near future.

House of Lords: Monitoring of Members' Communications

Lord Laird: asked Her Majesty's Government:
	Whether they have a policy on the bugging of telephone calls and monitoring of other communications of Members of the House of Lords.

Baroness Scotland of Asthal: I refer the noble Lord to the answer in another place by my right honourable friend the Prime Minister to my honourable friend the Member for Thurrock on 30 April 2003, (Official Report, col. 292).

Asylum Applicants and Immigration Detainees

Lord Hylton: asked Her Majesty's Government:
	How many asylum applicants and immigration detainees were held in H M Prisons at the most recent date, including how many at H M Prison Liverpool; and what plans they have for improving conditions in that prison.

Baroness Scotland of Asthal: The latest published information on the number of people held in Prison Service establishments is for 29 March 2003 and shows those detained solely under Immigration Act powers. The requested figures are contained in the table.
	
		Persons recorded as being held in Prison Service Establishments at 29 March 2003
		
			  Total Detainees Of whom, Asylum seekers(1) 
			 Liverpool 5 5 
			 Other prison establishments 245 125 
			 Total 250 130 
		
	
	Figures are rounded to nearest five.
	(1) Persons detained solely under Immigration Act powers who are recorded as having sought asylum at some stage.
	The Prison Service is drawing up an action plan which will address each of the recommendations for improvement made in the recent report on HMP Liverpool by Her Majesty's Chief Inspector of Prisons. The action plan will be approved, and monitored, by the Prisons Minister, my honourable friend, the member for Wythenshawe and Sale East (Mr Goggins).
	Information on Immigration Act detainees as at 28 June 2003 will be published towards the end of August 2003 on the Home Office Research, Development and Statistics Directorate website at http;//www.homeoffice.gov.uk/rds/immigration1.html.

RAF Fylingdales: Arrests

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	How many arrests have been made in the vicinity (within one mile) of RAF Fylingdales for contravention of the byelaws or other Acts relating to that installation and its environs in each of the last six years; how many of these arrests have resulted in a prosecution; and what were the results of each prosecution.

Lord Bach: The information requested relating to Ministry of Defence Police arrests within one mile of RAF Fylingdales is shown in the table below.
	
		
			 Financial Year Byelaw Offences Other Offences Total 
			 1997–98 0 0 0 
			 1998–99 0 0 0 
			 1999–2000 0 1 1 
			 2000–01 11 6 17 
			 2001–02 0 17 17 
			 2002–03 0 9 9 
		
	
	Crown Prosecution Service case records are held by category of offence, rather than by a specific offence. The information requested could therefore only be obtained at disproportionate effort and cost.

Food Supplements: Permitted Nutrients

Earl Howe: asked Her Majesty's Government:
	In the case of each nutrient or nutrient source currently permitted for sale in the United Kingdom but omitted from the list of nutrients permitted for use in food supplements under the provisions of the Food Supplements (England) Regulations, what action they intend to take to secure their addition to the schedules to those regulations prior to July 2005.

Lord Warner: The lists of permitted nutrients and nutrient sources in the Food Supplements (England) Regulations 2003 can be extended if additions are made to the permitted lists in the annexes to the Food Supplements Directive 2002/46/EC on which the regulations are based. These annexes remain open pending safety assessment of additional substances. Industry is currently working to compile safety dossiers for some of the substances currently omitted from the annexes.
	The Food Standards Agency, in recognition of the difficulties associated with dossier production, and the timescale for dossier submission, is pressing the European Food Safety Authority for an urgent, substantive meeting with relevant parties to discuss dossier requirements.

Chiropodists/Podiatrists: Supply of Medicaments

Lord Morris of Manchester: asked Her Majesty's Government:
	What assessment they have made of the difficulties experienced by the podiatry profession in obtaining the medicaments on their approved list due to the Medicines Control Agency requiring product licences; and what consideration they are giving to restoring the prescribing rights of allied health professions and access to medicaments and drugs approved for podiatric use since 1968; and
	Whether they are content that the 9,000 chiropodists/podiatrists registered with the Health Professions Council have to refer patients to their general practitioners simply to obtain the medicaments previously directly available to them for use when delivering care.

Lord Warner: There has been no change in the long-standing provisions under medicines legislation which allow chiropodists/podiatrists to sell or supply a specified range of medicines direct to their patients. If there are any specific new difficulties, the Medicines and Healthcare Products Agency (formerly the Medicines Control Agency) would consider them if details were sent.

Doctors and Dentists: Remuneration

Lord Graham of Edmonton: asked Her Majesty's Government:
	When they will respond to the recommendations on general dental practitioners, dentists in salaried primary dental care services, general medical practice registrars and salaried general medical practitioners employed by a primary care organisation.

Lord Warner: We are responding on behalf of my right honourable friend the Prime Minister to the supplement to the thirty-second report of the Review Body on Doctors' and Dentists' Remuneration (DDRB) which is being published today.
	Copies of the report are available in the Printed Paper Office and the Library. The supplement covers general dental practitioners (GDPs), those in the salaried primary dental care services, general medical practice (GMP) registrars and salaried GMPs employed by a primary care organisation. The DDRB will report later on general medical services.
	We are grateful to the chairman and members of the review body for their hard work in dealing with their remit groups.
	The review body has recommended an increase to the out of hours supplement payable to GMP registrars which is in line with our pre-existing commitment to this group. It has also recommended a pay range for salaried GMPs employed by primary care organisations for the first time.
	Salaried dentists accepted a three-year pay offer in March, linked to a review of salaried dental services. For GDPs, the DDRB has recommended an increase in the fee scale of 3.225 per cent. from 1 April 2003 and an increase in the National Health Service commitment scheme of £9 million for Great Britain.
	The review body's pay recommendations are being accepted in full and without staging.

Meat and Livestock Exports

Lord Hylton: asked Her Majesty's Government:
	Whether they will identify the countries to which:
	(a) British farm and other livestock can now be exported; and
	(b) British meat and meat products can be sent;
	and what are the probable dates for the lifting of all remaining restrictions.

Lord Whitty: Tables showing the countries to which British Livestock, genetic material and meat and meat products can be exported have been placed in the Library of the House.
	Most third countries stopped import of live animals of susceptible species and their products when foot and mouth disease (FMD) was confirmed in February 2001. Since January 2002 when the OIE declared the UK free of FMD, MAFF/Defra has been working hard to reinstate these export markets. Significant progress has been made in respect of meat and meat products, but it has proven more difficult to persuade countries to reopen markets to live animals and genetic material.
	Defra is working closely with the Foreign and Commonwealth Office, British Trade International and the Meat and Livestock Commission (MLC) to target the key markets that have been identified by industry and encourage those governments that have a ban in place to lift it and also agree the necessary certification.
	In addition to the import ban imposed as a result of FMD, a significant number of countries are still refusing to accept imports of UK animals, meat and products for other disease-related reasons.
	The despatch of goods containing bovine material is subject to strict requirements, as laid down in the Bovines and Bovine Products (Trade) Regulations 1999, as amended. It is currently illegal to export cattle, beef or beef products from the UK unless they have been produced under either the date-based export scheme (DBES) (for beef from cattle reared and slaughtered in the UK) or the XAP scheme (using foreign origin beef). Tables 3-6 detail the latest information on other countries' bans on British beef.
	A top priority for the UK is to secure moderate BSE risk status (and the abolition of DBES), which will then enable the UK to trade on a level playing field with other member states. Now that the OIE (World Organisation for Animal Health) has amended the thresholds for categorising countries according to BSE risks we are looking to secure the benefits of moderate risk status as early as possible in 2004. We have written to the Commission to outline our proposals, stressing the great importance the UK attaches to this issue, and have been encouraged by the Commission's positive reception.
	Defra publishes lists of available export health certificates by country for specific meat and meat products on its website (http://www.defra.gov.uk/animalh/int-trde/prod-ex/certlist.pdf). The website also includes details of the restrictions imposed by third countries.
	Defra continues in active liaison with the industry to press all these remaining countries at all levels to lift their restrictions. Defra is unable to state when this will be successful.

Fly-tipping

Viscount Goschen: asked Her Majesty's Government:
	Whether they believe that the performance of the Environment Agency has been adequate in combating fly-tipping.

Lord Whitty: The Environment Agency's performance in dealing with fly-tipping has been adequate to date, considering the resources and legislative powers that have been made available to it.
	Levels of fly-tipping are however growing due to a variety of reasons. This is why the Government are considering a range of measures to help the Environment Agency and local authorities to deal more effectively with the problem. Some of these measures have been included in the Anti-social Behaviour Bill currently before Parliament. We will publish details of others which we will bring forward at the next legislative opportunity.

Fly-tipping

Viscount Goschen: asked Her Majesty's Government:
	What is the ratio of prosecutions to offences in connection with fly-tipping.

Lord Whitty: National data on the number of incidents of fly-tipping are not available. However, in 2002 the Environment Agency recorded 967 incidents of fly-tipping. Prosecution action was recommended in 212 of those cases. 137 formal warning letters were issued in other cases.
	The Environment Agency took 99 prosecutions for fly-tipping in England and Wales in 2002, but the date the offence occurred may pre-date 2002.
	More accurate data on fly-tipping incidents will be available from 2004 following the introduction of a new national enforcement database, which will record incidents and actions taken by both the Environment Agency and local authorities.

Horse Passports (England) Order 2003

Viscount Astor: asked Her Majesty's Government:
	Whether the Department for Environment, Food and Rural Affairs has agreed to fund the £500,000 required to set up the database to implement the Horse Passports (England) Order 2003.

Lord Whitty: The Government have agreed to support the establishment of a database of all equines in Great Britain though this is not a direct obligation arising from the horse passports legislation. We are working closely with the equine industry to develop a database which meets the requirements of both government and industry. The Government have agreed in principle to fund the start-up costs of a database, subject to the further detailed work on costs and benefits that is now being undertaken.

Horse Passports (England) Order 2003

Viscount Astor: asked Her Majesty's Government:
	Whether the Department for Environment, Food and Rural Affairs has agreed to provide staff to manage or assist the management of the database required for the Horse Passports (England) Order 2003.

Lord Whitty: Arrangements for the ownership, management and staffing of the proposed national equine database are currently being discussed with representatives of the equine industry.

National Parks

Lord Clark of Windermere: asked Her Majesty's Government:
	Whether Circular 84/50 dated 15th March 1950, regarding National Park boundaries, is "extant".

Lord Whitty: Our research has been inconclusive. We have found no evidence that the circular is still in force but equally no evidence of its cancellation. As the circular dealt mainly with the immediate tasks of the then National Parks Commission, it was probably cancelled long ago. It does not appear in the main current reference works and, even if still technically extant, it should certainly be regarded as defunct.